Court rules against Durban street renaming
2011-11-30 22:00
Bloemfontein - The eThekwini municipality was ordered to remove the signage of nine renamed streets by the Supreme Court of Appeal on Wednesday.
The SCA partly upheld an appeal by the Democratic Alliance.
Earlier, the KwaZulu-Natal High Court in Durban dismissed the DA's applications to set aside two decisions by the municipality in regard to the renaming of various streets, buildings and highways.
The municipality, during its first phase of street renaming, changed nine street names.
Later, during a second phase, it changed 99 street names.
On Wednesday, the SCA set aside the renaming of Victoria Embankment, Stanger Street, NMR Avenue, Point Road, Alice Street, Grey Street, Broad Street, Commercial Road and the M4 northern freeway.
The SCA found that the council had not complied with its own policy, applicable at the time with reference to phase one, and had therefore failed to satisfy its own demands of reasonableness.
DA spokesperson Dean Macpherson said the judgment questioned the process undertaken by the municipality, which the DA raised had from the beginning, as being flawed and extremely divisive.
Macpherson said the ruling should serve as a warning to the eThekwini municipality that no attempt to undo or override correct procedures and policies would be tolerated.
The court dismissed the DA’s appeal against the second phase to change the 99 street names.
The SCA held that the requirements of an "amended policy" were followed during the second phase.
The DA said it was disappointed that the court had not ruled in its favour in respect of phase two.
Macpherson said the DA was at no point ever against street renaming as long as it was done in a manner which contributed to nation building and the strengthening of communities.
- SAPA
